Section 43-05-01-06 - Storage facility permit transfer1.Notification. The storage operator and proposed transferee shall notify the commission in writing of any proposed permit transfer. The notice must contain the following: a. The name and address of the person to whom the permit is to be transferred.b. The name of the permit subject to transfer and location of the storage facility and a description of the land within the facility area.c. The date that the storage operator desires the proposed transfer to occur.d. A demonstration of financial assurance as required by section 43-05-01-09.1.2.Transfers by modification. A storage facility permit may be transferred by the storage operator to a new storage operator only if the storage facility permit is modified, or revoked and reissued, or a minor modification made, to identify the new storage operator and incorporate such other requirements as may be necessary under state and federal laws.3.Commission review. The commission shall review the proposed transfer to ensure that the purposes of North Dakota Century Code chapter 38-22 are not compromised but are promoted. For good cause, the commission may deny a transfer request, delay acting on it, and place conditions on its approval.4. Commission approval required. A permit transfer can occur only upon the commission's written order. The transferor of a permit shall receive notice from the commission that the approved new storage operator has demonstrated financial responsibility for the storage facility.N.D. Admin Code 43-05-01-06
Effective April 1, 2010; amended effective April 1, 2013.General Authority: NDCC 28-32-02
Law Implemented: NDCC 38-22